Justice is supposed to be blind. That’s the dream, right? We’re taught from a young age that the scales are balanced and the law doesn’t care if you’re a man, a woman, rich, or poor. But back in 1992, a powerhouse barrister named Helena Kennedy (now Baroness Kennedy of The Shaws) dropped a metaphorical grenade into the middle of the Old Bailey. She wrote a book that basically said the whole thing was a sham—at least if you were a woman.
The Eve Was Framed book wasn't just a dry legal text. It was a searing, angry, and incredibly well-researched indictment of how the English legal system treats women. And honestly? If you pick it up today, some of it feels like it was written yesterday. That’s the scary part.
The Myth of the "Bad Woman" vs. the "Mad Woman"
Kennedy’s main argument is pretty simple but devastating. She noticed that when women enter a courtroom—whether as defendants, victims, or even lawyers—they aren't just judged on the facts of the case. They’re judged on how well they fit into society’s idea of what a "proper" woman should be.
It’s wild.
If a woman is accused of a crime, the prosecution doesn't just look at evidence. They look at her housekeeping. They look at whether she’s a "good" mother. Kennedy points out that women who don't fit the domestic mold—the "wayward" ones, the ones who are loud or sexually active—get hammered harder by judges and juries. It’s like the court is trying to punish them for being "bad women" as much as for the actual crime.
Then you have the "mad" angle. For a long time, the legal system could only wrap its head around female criminality if it was linked to hormones or mental instability. Oh, she stole that? Must be her period. She was violent? Post-natal depression. While these can be real factors, Kennedy argues that this medicalization robs women of their agency. It treats them like irrational children rather than adults responsible for their actions.
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Why the Eve Was Framed Book Changed Everything
Before this book came out, people in the legal profession didn't really talk about gender bias. It was the "best system in the world," after all. Kennedy used her own experiences as a high-profile defense barrister to show the cracks.
She talks about the "clubbable" atmosphere of the Bar. The wigs, the gowns, the Latin, the boys'-club dinners—it’s all designed by men, for men. When a woman walks into that space, she’s an outsider.
- Judges (mostly male, mostly old, mostly from elite backgrounds) often had zero clue about the reality of women's lives.
- Victims of domestic violence were often blamed for "provoking" their partners.
- The "reasonable man" standard in law was exactly that: a standard based on how a man would react.
Kennedy didn't just complain; she provided evidence. She looked at cases where women who killed their abusive partners were given life sentences, while men who killed their wives in a "fit of jealousy" (often meaning she tried to leave him) got away with manslaughter and a slap on the wrist. The Eve Was Framed book forced the legal establishment to look in the mirror, and it wasn't a pretty sight.
It’s Not Just About the Defendants
One of the most interesting parts of the book is how it looks at women working in the law. Back in the early 90s, being a female barrister was a constant uphill battle. Kennedy describes the subtle (and not-so-subtle) ways women were sidelined.
There's this idea of the "port-and-prosecco" culture. If you weren't one of the lads, you weren't getting the best cases. You weren't getting the promotions.
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Think about the physical space of a courtroom. It’s intimidating. It’s built for theatre, and for centuries, only men were allowed to be the actors. When a woman speaks in court, her voice is often judged differently. Too high? She’s shrill. Too quiet? She’s weak. Too aggressive? She’s a "lady Macbeth" figure. Kennedy captures this tightrope walk perfectly.
Does the "Eve" Argument Still Hold Up?
You might be thinking, "Hey, it’s 2026. We’ve had female Prime Ministers and female Chief Justices. Surely this is all sorted?"
Kinda. But also, no.
While there have been massive reforms—especially regarding how sexual assault cases are handled and the introduction of "coercive control" as a criminal offense—the DNA of the system is still old-school. If you look at the conviction rates for rape, they are still depressingly low. The way complainants are treated in cross-examination often mirrors the exact biases Kennedy wrote about thirty years ago.
The "Eve" of the title refers to the biblical idea of the female temptress, the one who brought sin into the world. That archetype still lingers. Whether it's the "perfect victim" narrative or the way the media covers female defendants (look at any high-profile trial today and you’ll see it), the framing remains.
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Real Talk: The Limitations
To be fair, some critics argue that Kennedy’s view is very much rooted in the UK’s class system and its specific legal traditions. Others suggest that the legal system has moved further than she gives it credit for. There’s also the critique that the original book didn't focus enough on the intersectionality of race and class alongside gender—something Kennedy addressed more in her follow-up, Eve Was Shamed.
But even with those caveats, the core truth of the Eve Was Framed book is hard to shake. It’s about power. Who holds it, who writes the rules, and who gets crushed when those rules are applied unfairly.
The Practical Legacy of Helena Kennedy’s Work
If you're interested in social justice, this isn't just a history lesson. It’s a blueprint for what to look out for. Kennedy showed that the law isn't some divine, objective truth. It’s a human invention, which means it’s full of human prejudice.
Since the book's publication, we've seen:
- Increased sensitivity training for the judiciary (though many say it hasn't gone far enough).
- Reform in the law of "provocation," which historically favored men.
- More women entering the legal profession, though the "leaky pipeline" to top judicial positions still exists.
What You Should Actually Do Next
If you want to understand why the news looks the way it does whenever a high-profile woman goes to court, you have to look at the foundations.
- Read the source material. Don't just take my word for it. Pick up a copy of the Eve Was Framed book. It’s surprisingly readable for a legal text—Kennedy is a great storyteller.
- Watch the trials. Next time there's a major case involving a woman, watch the commentary. Is she being judged on the evidence, or is she being judged on her "likability"?
- Support legal aid. One of Kennedy's biggest points is that justice is expensive. If you can't afford a good lawyer, the biases of the system are ten times more likely to catch you.
- Look into the "Centurion" project. Helena Kennedy has been involved in massive international human rights work. Seeing how she applied these domestic lessons to global stages is eye-opening.
The legal system changes at the speed of a glacier. It’s slow, it’s heavy, and it resists heat. But Helena Kennedy proved that if you shine a bright enough light on it, things start to melt. We aren't in 1992 anymore, but the ghost of Eve still haunts the witness stand. Understanding how she was framed is the only way to make sure it stops happening.
Actionable Insight: For anyone entering the legal profession or even just serving on a jury, the biggest takeaway is active awareness. Challenge your first impression of a witness or defendant. Ask yourself: "Would I be thinking this if they were a different gender?" It’s a small mental shift, but it’s exactly how the systemic change Kennedy fought for actually takes root in the real world. Check out the latest reports from the Fawcett Society or the Bar Council on gender diversity to see where the front lines of this battle are right now.